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BAY CITY-ABRAHAMS BROS., INC. v. ESTEE LAUDER, INC.

No. 73 Civ. 4207 (JMC).

375 F.Supp. 1206 (1974)

BAY CITY-ABRAHAMS BROS., INC., Plaintiff, v. ESTEE LAUDER, INC., Defendant.

United States District Court, S. D. New York.

May 17, 1974.

Attorney(s) appearing for the Case

Marshall C. Berger, New York City (Hahn, Hessen, Margolis & Ryan, New York City, of counsel), for plaintiff.

Michael Malina, New York City (Ira H. Block, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant.

CANNELLA, District Judge:

Defendant's motion for summary judgment, Fed.R.Civ.P. 56(b), is granted and the Clerk of the Court is directed to enter judgment dismissing the complaint.

The court grants the instant motion because plaintiff has failed entirely to state a claim upon which relief may be had. No state of facts which might constitute a cause of action cognizable at law has here been advanced.1 In order

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